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PEOPLE v. BALMUTH

189 Misc.2d 243 (2001)

731 N.Y.S.2d 314

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. MITCHELL BALMUTH and PATRICK CHRISTIANO, Respondents.

Supreme Court, Appellate Term, First Department.

July 26, 2001.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney of New York County, New York City (Vincent Rivellese and Patrick Hynes of counsel), for appellant.

Center For Constitutional Rights, New York City (Robert T. Perry, Barbara J. Olshansky and William Goodman of counsel), for respondents.

PARNESS, P. J., DAVIS and SUAREZ, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Orders entered August 12, 1998 and February 8, 1999 affirmed, for the reasons stated in the decision of Judge Lucy Billings, at the Criminal Court (see, 178 Misc.2d 958, 967-968).

We sustain the dismissal of these companion criminal prosecutions on nonconstitutional grounds (see, People v Davis,

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